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4 Cumb.-Samford L. Rev. 440 (1973-1974)
Small Estate Law for Alabama

handle is hein.journals/cumlr4 and id is 448 raw text is: SMALL ESTATE LAW FOR ALABAMA* PERRY 0. HOOPERt The purpose of this article is to outline the practical and legal difficulties inherent in the administration of small estates in Alabama, to analyze briefly the laws in other states, and finally to make appropriate recommendations for the revision of Alabama law. At present there are no financially practical procedures in Alabama for the administration of small estates. Unless several small and inadequate exemptions are applicable, a full dress probate proceeding is necessary to effect a lawful transfer of a decedent's assets if the assets were in the decedent's name at the time of his death. If the decedent has left a properly executed will, the proceedings are simpler but nonetheless time- consuming and relatively expensive if the value of the estate is less than $5,000.00. If there is no will and the appointment of an administrator is necessary, the cost is quite often great in comparison to the value of the estate. It is true that in many instances no probate proceeding is necessary if the decedent, during his lifetime, made proper ar- rangements for the transfer of his property. For example, by designating an individual rather than his estate as the bene- ficiary of a life insurance policy, the policy holder can provide for the inexpensive and timely transfer of his assets. Bank ac- counts, stock, and real estate may be owned jointly with right of survivorship and will thus pass to the survivor without the ex- pense of probate. Quite obviously these are the easier cases and the judge of probate is not concerned with these problems. Such assets are in the non-probate estate. The judge of probate, in addition to many varied duties, comes in contact with the people of his county and hears a great many of their problems. One of the greatest hardships witnessed in the field of small estates occurs when probate proceedings are necessary to perfect the title to property in a decedent's bene- *The author wishes to express his appreciation to Review Associate Editor Carleton P. Ketcham, Jr., for his help in preparing this article for publication. tB.S. University of Alabama, 1949; J.D. University of Alabama, 1953; Probate Judge of Montgomery County, Alabama; President, Probate Judges Association of Alabama; Alabama Representative, National Council of National College of Probate Judges; Member, Alabama Bar Association, American Bar Association, Montgomery Bar Associ- ation.

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